Digital Commons Network^™

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …

A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne

William & Mary Environmental Law and Policy Review

Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews …

The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery

Seattle Journal of Environmental Law

Combatting environmental damage has become a primary goal of the international community. Unfortunately, international human rights law has not taken this aim seriously. Although the Inter-American regional human rights system, one of three regional human rights institutions, empathizes with protecting the environment, it enervates such goals by barring victims of air pollution and climate change from access to judicial remedies. Seeking to bridge the gap between human rights law and environmental protection, this article explains why clean air is a human right, develops the positive content for such a right, and evaluates the practical reasons that justify the right’s importance. …

Cultural Rights V. Species Protection: A Case Study Of Pacific Leatherback Sea Turtles, Mohit Khubchandani, Mehul Parti

Seattle Journal of Environmental Law

The leatherback sea turtle (Dermochelys coriacea), sometimes called the lute turtle, is the largest of all living turtles. It is the fourth- heaviest modern reptile behind three crocodilians. These species are categorized as critically endangered under the International Union for Conservation of Nature (IUCN) Red List. These turtles avail pro- tection under the Convention on Illicit Trade in Endangered Species (CITES); a treaty enacted to protect wildlife against over-exploita- tion and with an aim to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The said treaty is applicable to species in general …

Eating Invaders: Managing Biological Invasions With Fork And Knife?, Joshua Ulan Galperin, Sara Kuebbing

Elisabeth Haub School of Law Faculty Publications

As the public, academy, government, and private sector all turn increased attention to food systems, new ideas constantly emerge for healthy, sustainable, and just innovations in growing, marketing, and eating food. “Invasivory” — eating invasive species — is one such idea. Biological invasions occur when humans transport an organism from its ecosystem of origin into a new ecosystem and that organism adapts to its new location, spreading widely from the site of introduction. Invasive species can cause significant ecological, economic, and public health damage. Crops, homes, and native species are all at risk. “Invasivores,” as the proponents of invasivory are …

The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova

Zdravka Tzankova

Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.

A pervasive and long-standing problem, nonpoint pollution, nutri- ent and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint …

Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler

Golden Gate University Law Review

In this article, we argue that the George W. Bush Administration's ("Administration") attacks on the critical habitat protections in the Endangered Species Act ("ESA") warrant priority attention from the environmental movement. Many species across the United States and, indeed, around the world, continue to slip towards extinction. As Congress recognized when it passed the ESA, the decline of most species can be directly traced to the destruction of their habitat. Protection and restoration of ecosystems that support endangered species is thus fundamental to species conservation.

Unbearable? Bitterroot Grizzly Bear Reintroduction & The George W. Bush Administration, Rob Roy Smith

Golden Gate University Law Review

This article begins by providing a brief overview of the history of the grizzly bear reintroduction efforts and the Clinton Administration's decision to move forward with plans to secure an experimental population of the threatened species in the remote wilderness of Idaho and Montana. Section III focuses on local reaction to the decision to reintroduce the grizzly bear, and in particular, the strong rhetoric of the Idaho congressional delegation opposing the reintroduction. Section IV brings new light on the subsequent legal challenge brought by Governor Dirk Kempthorne and the Republican legislative leadership of the State of Idaho to bar the …

Environmental Justice: An Analysis, Dennis Bechtel

Native American Forum on Nuclear Issues

Abstract: -Importance of the Environmental Justice -EJ examples -Regulatory backdrop -Stigma effects -Recommendations

Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni

Duke Environmental Law & Policy Forum

No abstract provided.

Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose

Duke Environmental Law & Policy Forum

No abstract provided.

Primary Enforcement Responsibility For Pesticide Use Violations Under The Federal Pesticide Act Of 1978, Richard B. Schoembohm

Indiana Law Journal

No abstract provided.

An Examination Of The Federal Water Pollution Control Act Of 1972, Andrew W. Mcthenia, Jr.

Washington and Lee Law Review

No abstract provided.

Environmental Law--The Refuse Act, David Jeffrey Millstone

West Virginia Law Review

No abstract provided.